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  • Update

    Hi Everyone,





    This is really just an update to my original post: There's no good news really.

    I wrote to the letting agent as suggested, however the response was less than favourable. Basically they have washed their hands of the situation so to speak.

    So these tenants of theirs can basically do what they want, it now seems.



    My partner owns the house. However he's had enough, and is seeking a transfer of work to another office, but he is concerned that he will have difficulty in selling the property now.



    It has caused alot of problems for us, hence I will be moving away also, I foolishly let go of my flat a few years ago, so back looking again myself as I said in my original post, because I simply cannot tolerate the situation.



    It just seems so unfair that an estate agent can let a house out for a landlord and not be under any obligation to ensure that the tenant is well behaved. The tenant has clearly broken the conditions of their tenancy agreement on a number of ocassions.



    The question is how do I help my partner in this situation?



    Once again I would be so grateful for all of your advice here!



    kinds Regards



    Earplugs!

  • #2
    Me again, further to my last post, it get's worse!



    I contacted my local EHO, basically they said that there was little they could do, they did not really want to know. When I mentioned that my partner may have little option but to sell the property, they seemed to think it was a good idea.

    It all seems a bit strange somehow. The letting agency adviced us by letter to contact the EHO, thus washing their hands of this, and yet the EHO seem less than interested, I don't know what to think anymore, surely we can't be on our own, in all of this?



    I'm thankful for this web site, because at least I can sound off here!



    I really don't wany my partner to lose out, it seems so unfair. If anyone can suggest anything else we might try. I appreciate that he is under obligation to inform any potential buyer of the problem. He seems terribly depressed, by things pressures at work and now this, I need to help, I just don't know how.



    Would be grateful for any further help here with this.



    Kind Regards



    Earplugs

    Comment


    • #3
      Hi Earplugs and thanks for the update, although I'm sorry that it seems such negative news.



      It sounds as if your EH department are doing a good job of fobbing you off. They have a responsibility to deal with this (whether they think it a good idea that you move or not!). The estate agency do also have a responsibility to ensure that that the tenants are abiding by their agreement, and it's outrageous that they are shrugging their responsibilities



      If your partner is now looking to sell the property, then IMO it changes the situation somewhat. I guess that you will want to focus all your energies on selling the house as quickly and painlessly as possible (?) The only way that you are going to be able to test the water to find out how easily the property will sell is to get some estate agents in to view and value the property. I would be as upfront as you dare to be about the problems that you have faced (just so you can get as honest an opinion).



      The question is how do I help my partner in this situation?



      The best thing that you can offer is your encouragement and support whilst he’s getting his transfer and selling up. There are many people out there who are not as affected by neighbour problems as others and who will not be intimidated or put off buying your property because of these tenants. So please bear this in mind.



      The decision to sell up is a positive step, as it means that you will be able to put these awful people behind you once and for all, and you will be able to move on with your life. I really feel for you now, as both you and your partner sound as if you have taken just about all you can over this, but I’m sure that there are much more positive things ahead for you, away from these NFH.



      Blue Cow

      Comment


      • #4
        Hi EarPlugs



        The EH can and should get involved if you have a complaint about noise nuisance, but there is a procedure that they will want you to go through, i.e. that you have talked to your neighbours about the noise and tried to resolve it. After that, they will expect you to complete some noise log sheets and return them before they contact your neighbour.



        I can't understand why they seem to be just fobbing you off. If you do want them to get involved, I'd contact them again and say something along the lines of, you believing the noise to be a "statutory nuisance".



        However, if you have decided to sell up, then maybe like BC says, just concentrate all your energies in that direction. Your partner is likely to have to disclose on the Sellers Property Information Form (SPIF) that there has been noise from next door - but they may be able to add in bits (if they are appropriate in your circumstances) like, "they are doing it because they don't like me/ there's a clash of personalities".



        Good luck with it and keep us posted with how you're getting on.

        Comment


        • #5
          Hi Earplugs, and thanks for the update, altho' I'm sorry the news is not better



          If your partner has decided to sell, then I would definitely not pursue the E.H. route; the less to disclose on the SPIF, the better. There is some info re the SPIF that does make interesting reading in the following link

          http://www.nfh.org.uk/forums/index.php?showtopic=2441

          It's worth having a half-hour fixed fee/free interview with a conveyancing solicitor around how to best deal with disclosure on the SPIF; I'm sure that your partner will have to disclose something, but a solicitor can advise on exactly what, and how to word it.



          However, if your partner decides to stay put, then, as Holly says, E.H. will have to follow their procedures and base any action on evidence. If you want to use E.H., perhaps ask the manager to run through their procedure with you as you didn't get much help when you last enquired. There are articles on noise and legislation in the link below, if you haven't already seen them

          http://www.nfh.org.uk/law/index.php

          Should E.H. take action, this would be most useful to present to the agent, who should have evidence on which to take action against the tenants for breach of their tenancy agreement (which will contain a clause relating to noise nuisance).



          I don't envy your partner his decision here....but feel he just needs to be armed with the information necessary to help make the choice.



          best of luck with this, and do let us know how you go



          Sapph

          Comment


          • #6
            Thank you all so much for your support and helpful advice!



            My partner has decided to sell as he feels things could get worse. The support from the EHO stinks quite frankly. Like everyone else, we pay heaps in council tax, work hard to pay for the house. Our next door neighbours do not work, I will stop here before I say too much! I realise that there are many decent people on benefits out there, who do not disrupt other peoples lives.



            I just think that current legislation fails people like ourselves;- Were we to try and go down the route that the EH advises, I think would be incredibly stressed. Not to mention these dodgy Estate Agents, who are more concerned with getting money for their clients.



            Sorry to go on, but I do feel very wound up over all of this.



            I think seeking legal advice from a conveyancing solictor is probably a very good idea. I will get my partner to have a look at these links also.



            Once we are out, sold up etc. Is it worth persuing these Estate Agents, even just naming and shaming? I feel inclined to set up a web site.





            Once again thanks for your interest and help!



            It makes all the difference to be able to come to this site and just have a good rant, and be listened to as well!





            Kind Regards!

            Earplugs

            Comment


            • #7
              Hi Earplugs,



              Good luck with this. Wishing your partner a swift and sucessful sale :clover:



              Take care



              Blue Cow

              Comment


              • #8
                Thanks again for all the support!



                Will post when I have more news on house. I think I will look into contacting a solicitor myself, whilst I have the time.



                I just want to wish everyone well at this time of year, I know that there are many people who are probably suffering more than us, and simply do not know what to do, or are getting no support. Words fail me sometimes, lets just hope that what "goes around comes around".....



                Kind Regards



                Earplugs

                Comment


                • #9
                  Hi Earplugs



                  I believe in karma too



                  Give us an update when you can, and if we don't "see" you before Christmas, have a good one.

                  Comment

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